HomeMy WebLinkAbout2026-10-15 PL-BOA-2026-000141 T.C. & M.K. Paik-Nicely 2009 Trust Ack LetterCounty of Hawaii
BOARD OF APPEALS
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
(808) 961-8288 • Fax (808) 961-8742
October 15, 2026
William McCowatt
74-5617 Pawai Place, Suite 204
Kailua-Kona, HI 96740
Dear William McCowatt:
Request: Appeal of Decision by the Director of Public Works Regarding the
Denial of an Administrative Code Modification to Allow an Existing
6'8" Lower -Level Basement Ceiling Height to Remain as Part of a
Residential Alteration and Safety Upgrade.
Reference: PL-BOA-2026-000141
Appellant: T.C. & M.K. Paik-Nicely 2009 Trust
Landowner: T.C. & M.K. Paik-Nicely 2009 Trust
Location: 325 Haili Street, Hilo, Hawaii 96720
TMK: (3) 2-3-016:011
This is to acknowledge receipt of the above -referenced petition received on October 14,
2026.
According to the Board of Appeals Rules of Practice and Procedure Rule 8-11(a), the
Board shall conduct a hearing on the petition within one hundred twenty (120) days from
the date the petition is properly filed. The Board shall then act on the petition within a
period of ninety (90) days after the close of the hearing. Your petition will be scheduled
for the Board's hearing on Friday. January 29, 2027 at 9:30 a.m. Please note that the
parties may seek a settlement prior to the scheduled hearing. In such case, the parties
may submit a request to continue the hearing to the Board of Appeals staff.
Board of Appeals Rules of Practice and Procedure section 8-11(d) requires notification of
your petition to all property owners within 300 feet of the affected property. You must
notify the surrounding properties not less than twenty (20) days prior to the hearing date,
and proof of your notification shall be filed with the Board prior to the date of the hearing.
Hawaii County is an Equal Opportunity Provider and Employer
T.C. & M.K. Paik-Nicely 2009 Trust
Page 2 of 2
October 15, 2026
Please review the Board's Rule 3-13(g) regarding submission of exhibits to the Board.
As an Appellant, additional exhibits shall be submitted no later than thirty (30) days
following the filing of a complete appeal. Your petition to appeal was filed on September
9, 2026. Further, responding parties have ten (10) days after filings to provide exhibits in
response.
Please note that all correspondence sent to the Board of Appeals should also be sent to
all parties, which include the landowners, appellant, and the Director (appellee). Rules
2-6 and 8-8 direct you to the requirements regarding service of documents to all
required parties. We recommend that you review these rules to confirm that you have
fulfilled their requirements.
The Board of Appeal's Rules of Practice and Procedure are available to view online at:
https://records.hawaiicounty.gov/webl ink/l /doc/34351 /Pagel .asi)x.
Should you have any questions, please feel free to contact the staff to the Board at
boardofappeals(abhawaiicounty.aov.
Sincerely,
Cathy Lewis, Chair
Board of Appeals
Enclosure
cc: Board of Appeals
Director of Department of Public Works
BOA Corporation Counsel — Sylvia Wan, Esq.
Department Corporation Counsel — Sinclair Salas Ferguson, Esq.
BJM:sm
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